How ca i legally get payment for wages owed to me?
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How ca i legally get payment for wages owed to me?
I have been working for a contractor under 1099 being paid cash or check. I have not been paid in 2 weeks. However, I finished a job for him and the owner/client gave me a check to give to contractor. However, I feel if I give him the check he will still not pay me. It is made out to his business name which he sold to another person but still uses because he has the business bank account. So he tweaked the name a little bit. Can I cash that check from client for my funds owed to me?
Asked on October 26, 2019 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
DO NOT CASH THAT CHECK--IF YOU DO, YOU WILL HAVE COMMITTED THEFT AND COULD FACE PROSECUTION and also be sued for the money. Even if you are owed money and fear you will not be paid, you cannot take money intended for or given to another person.
The way you get your money legally is to sue the contractor for it. You can sue in small claims court, as your own attorney ("pro se"), for a fast, cost-effective way to seek it.
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